BHP Billiton Iron Ore Pty Ltd Summary

[2014] FWCA 3534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BHP Billiton Iron Ore Pty Ltd
(AG2014/943)

BHP BILLITON IRON ORE LOCOMOTIVE DRIVERS AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 28 MAY 2014

Application for approval of the BHP Billiton Iron Ore Locomotive Drivers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BHP Billiton Iron Ore Locomotive Drivers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton Iron Ore Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 3 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

BHP Billiton Iron Ore Pty Ltd, the applicant, sought approval of the BHP Billiton Iron Ore Locomotive Drivers Agreement 2014 from the Fair Work Commission. The agreement sought to set out the terms and conditions of employment for locomotive drivers employed by the company. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the terms of the agreement, with particular focus on the dispute resolution provisions. The applicant argued that the agreement provided for an efficient and fair dispute resolution process, while the respondent argued that the agreement did not provide for adequate dispute resolution mechanisms.

The Fair Work Commission considered the dispute resolution provisions of the agreement and found that they did not provide for an efficient and fair dispute resolution process. The Commission found that the agreement did not provide for an appropriate mechanism for the resolution of disputes between the parties, and that the agreement did not provide for a timely resolution of disputes. The Commission also found that the agreement did not provide for a mechanism for the review of decisions made under the agreement. The Commission concluded that the agreement did not meet the requirements of section 233 of the Fair Work Act 2009, and therefore could not be approved.

The Fair Work Commission refused to approve the agreement, citing deficiencies in the dispute resolution provisions. The Commission found that the agreement did not provide for an efficient and fair dispute resolution process, and did not provide for a mechanism for the review of decisions made under the agreement. The Commission concluded that the agreement did not meet the requirements of section 233 of the Fair Work Act 2009, and therefore could not be approved. The Commission directed the parties to negotiate a new agreement that met the requirements of the Act. No further orders were made.

BHP Billiton Iron Ore Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established